pronounced or recorded may, if it shall think fit, on application of any person aggrieved, and immediately after conviction for felony, award (to the limit of 1007.) compensation for loss of property, to be deemed a judgment debt, etc., and may also condemn the prisoner to pay the prosecutor's costs; see s. 3, post, "Costs," p. 240.

In the case of a husband convicted of an aggravated assault upon his wife, the court may under certain circumstances give an order having the effect of a judicial separation, together with an order on the husband to pay some weekly sum to the wife for her support and for the custody of the children. 41 Vict. c. 19, s. 4.

Recording judgment of death. By the 4 Geo. 4, c. 48 (E. & I.) s. 1," whenever any person shall be convicted of any felony, except murder, and shall by law be excluded the benefit of clergy in respect thereof, and the court before which such offender shall be convicted shall be of opinion that, under the particular circumstances of the case, such offender is a fit and proper subject to be recommended for the royal mercy, it shall and may be lawful for such court, if it shall think fit so to do, to direct the proper officer then being present in court to require and ask, whereupon such officer shall require and ask, if such offender hath or knoweth anything to say, why judgment of death should not be recorded against such offender; and, in case such offender shall not allege any matter or thing sufficient in law to arrest or bar such judgment, the court shall and may, and is hereby authorized to abstain from pronouncing judgment of death upon such offender; and, instead of pronouncing such judgment, to order the same to be entered on record, and thereupon such proper officer as aforesaid shall and may, and is hereby authorized to enter judgment of death on record against such offender in the usual and accustomed form, and in such and the same manner as is now used, and as if judgment of death had actually been pronounced in open court against such offender by the court before which such offender shall have been convicted."

Under the 6 & 7 Will. 4, c. 30, supra, the court was held to be empowered to direct the sentence of death to be recorded in cases or murder. R. v. Hogg, 2 Moo. & R. 380. It seems doubtful whether the same would be held under the 24 & 25 Vict. c. 100, s. 2, but probably not. See Greaves' Criminal Acts, p. 30.

Juvenile offenders. The 29 & 30 Vict. c. 117, s. 14, enacts as follows:-" Whenever any offender who in the judgment of the court, justices, or magistrates before whom he is charged, is under the age of sixteen years, is convicted, on indictment, or in a summary manner, *of an offence punishable with penal servitude or imprisonment, and is sentenced to be imprisoned for the term of ten days or a [*230 longer term, the court, justices, or magistrate may also sentence him to be sent, at the expiration of his period of imprisonment, to a certified reformatory school, and to be there detained for a period of not less than two years and not more than five years; provided always, that

a youthful offender under the age of ten years shall not be so directed to be sent to a reformatory school unless he has been previously charged with some crime or offence punishable with penal servitude or imprisonment, or is sentenced in England by a judge of assize or court of general or quarter sessions, or in Scotland by a circuit court of justiciary or sheriff." The section also contains directions as to the particular school to which the youthful offender is to be sent.

Judgment upon persons found to be insane. The disposal of persons found to be insane at the time of the commission of the offence is regulated by the statute 39 & 40 Geo. 3, c. 94, ante, p. 198; and see 3 & 4 Vict. c. 54; 46 & 47 Vict. c. 38. As to other regulations with respect to criminal lunatics, see the 23 & 24 Vict. c. 75; 27 & 28 Vict. c. 29; and 30 & 31 Vict. c. 12.

Fines and sureties. By the 24 & 25 Vict. c. 96 (larceny), s. 117, "whenever any person shall be convicted of any indictable misdemeanor punishable under this act, the court may, if it shall think fit, in addition to or in lieu of any of the punishments by this act authorized, fine the offender, and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behavior; and in case of any felony punishable under this act, the court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this act authorized: provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year.'

A similar provision is contained in the 24 & 25 Vict. c. 97 (injuries to property), s. 73; in the 24 & 25 Vict. c. 98 (forgery), s. 51; in the 24 & 25 Vict. c. 99 (coinage), s. 38; and in the 24 & 25 Vict. c. 100 (offences against the person), s. 71.

By the 24 & 25 Vict. c. 94, s. 4, an accessory after the fact may be required to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to the other punishments which may be inflicted upon him; provided that no person shall be imprisoned for not finding such sureties for more than one year.

Discharge of prisoners. By the 55 Geo. 3, c. 50, s. 4, extended by the 8 & 9 Vict. c. 114, provision is made that "every person charged with any felony or any other crime, or as an accessory thereto, before any court holding criminal jurisdiction within England and Wales, against whom no bill of indictment shall be found by the grand jury, or who on his or her trial shall be acquitted, or who shall be discharged for want of prosecution, shall be immediately set at large in open court, without payment of any fee or sum of money for or in respect of his or their discharge to any person or persons whomso

Property found on the prisoner. It has been said by some judges *that a constable has no right to take away from a prisoner any [*231 property which he has about him, unless it is in some way connected with the offence with which he is charged; per Paterson, J., R. v. O'Donnell, 7 C. & P. 138, 32 E. C. L.; R. v. Jones, 6 C. & P. 343, 25 E. C. L.; per Gurney, B., R. v. Kinsey, 7 C. & P. 447, 32 E. C. L.; R. v. Bass, 2 C. & K. 822, 61 E. C. L., per Platt, B. And if this has been done, as is frequently the case, the court will, on the application of the prisoner, order the property to be given up to him; R. v. Barnett, 3 C. & P. 600, 14 E. C. L.; unless it be required as evidence. But this will not be done if the property, though not that actually stolen, is the produce of it. R. v. Burgess, 7 C. & P. 488, 32 E. C. L.; R. v. Rooney, 7 C. & P. 515, 32 E. C. L.

By the 24 & 25 Vict. c. 96, s. 100 (replacing the 7 & 8 Geo. 4, c. 29, s. 27), if any person guilty of any such felony, or misdemeanor as is mentioned in that act, "in stealing, taking, obtaining, extorting, embezzling, converting, or disposing of, or in knowingly receiving any chattel, money, valuable security, or other property whatsoever, shall be indicted for such offence by or on the behalf of the owner of the property, or his executor or administrator, and convicted thereof, in such case the property shall be restored to the owner, or his representative; and in every case in this section aforesaid the court before whom any person shall be tried (this does not apply to the Court of Queen's Bench; see Walker v. Lord Mayor of London, 38 L. J., M. C. 107) for any such felony or misdemeanor shall have power to award, from time to time, writs of restitution for the said property, or to order the restitution thereof in a summary manner; provided that, if it shall appear before any award or order made, that any valuable security shall have been bond fide paid or discharged by some person or body corporate liable to the payment thereof, or, being a negotiable instrument, shall have been bona fide taken or received by transfer or delivery by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had, by any felony or misdemeanor, been stolen, taken, obtained, extorted, embezzled, converted or disposed of, in such case the court shall not award or order the restitution of such security; provided also, that nothing in this section contained shall apply to the case of any prosecution of any trustee, banker, merchant, attorney, factor, broker, or other agent, entrusted with the possession of goods or documents of title to goods for any misdemeanor against this act." And see infra.

The court cannot, under the above provision, order a Bank of England note, which has been paid and cancelled, to be delivered up to the prosecutor of the party who stole it; R. v. Stanton, 7 C. & P. 431, 32 E. C. L. Where a prisoner was convicted of stealing money, and he was at the time the owner of a horse which it was clear from the evidence had been purchased with the stolen money, an order was made for the delivery of the horse to the prosecutor; per Gurney, B., and Williams, J., R. v. Powell, 7 C. & P. 646, 32 É. C. L.

And it is very doubtful indeed whether the costs of a prosecutor, not bound over to prosecute, can be granted; R. v. Jeyes, 3 A. & E. 416, 30 E. C. L.; from which it would seem they cannot; and see R. v. Butterwick, supra, p. 241. But if the prosecutor's name be included in a subpoena, they may. R. v. Sheering, 7 C. & P. 440, 32 E. C. L. In the case of misdemeanors not provided for by statute, if the defendant submits to a verdict on an understanding that he shall not be brought up for judgment, the prosecutor is not, without a special agreement, entitled to costs. R. v. Rawson, 9 B. & C. 598, 17 E. C. L. As to the payment of costs on indictments removed into the Court of Queen's Bench by certiorari, see Corner's Cr. Pr.

As to costs upon postponement of trial, see ante, p. 241.

Costs of the accused By the 30 & 31 Vict. c. 35, s. 2, provision is made for the payment by the prosecutor of the costs of the accused in the case of certain vexatious indictments where he is acquitted. And by ss. 3, 5, witnesses for the accused may be allowed their expenses whenever they give material evidence in his favor (except as to character) in the opinion of the justice, and have been bound over by him. See the statute in the Appendix. As to the expenses at Winter Assizes, where the prisoner is tried in a different county to that in which he was apprehended, see Orders in Council, *23d October, 1876. Weekly Notes, L. R., Nov. 4, 1876, passed under 39 & 40 Vict. c. 57.

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Mode of payment by the treasurer of the county, etc. By the 7 Geo. 4, c. 64, s. 24, "Every order for payment to any prosecutor or other person as aforesaid shall be forthwith made out and delivered by the proper officer of the court unto such prosecutor, or other person, upon being paid for the same the sum of one shilling for the prosecutor, and sixpence for each other person, and no more, and except in the cases thereinafter provided for, shall be made upon the treasurer of the county, riding or division in which the offence shall have been committed, or shall be supposed to have been committed, who is thereby authorized and required, upon the sight of every such order, forthwith to pay to the person named therein, or to any one duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts."

The Central Criminal Court Act, 4 & 5 Will. 4, c. 36, enacts (s. 12) that "it shall be lawful for any two of the said justices and judges of oyer and terminer and of gaol delivery, to order and direct the costs and expenses of prosecutors and witnesses, in all cases where prosecutors and witnesses may be by law entitled thereto, to be paid by the treasurer of the county in which the offence of any person prosecuted would have been tried but for this act; and that every such treasurer or some known agent shall attend the said justices and judges of oyer and terminer and gaol delivery during the sitting of the court to pay all such orders."

And with respect to places which do not contribute to the payment of any county rate, or which have no fund applicable to similar purposes, it is enacted by the 7 Geo. 4, c. 64, s. 25, "that all sums directed to be paid by virtue of this act, in respect of felonies and of such misdemeanors as aforesaid, committed or supposed to have been committed in such liberties, franchises, cities, towns, and places, shall be paid out of the rate in the nature of a county rate, or out of any fund applicable to similar purposes where there is such a rate or fund, by the treasurer or other officer having the collection or disbursement of such rate or fund; and where there is no such rate or fund in such liberties, franchises, cities, towns, and parishes, shall be paid out of the rate or fund for the relief of the poor of the parish, township, district, or precinct therein, where the offence was committed or supposed to have been committed, by the overseers or other officers having the collection or disbursement of such last-mentioned rate or fund, and the order of the court shall in every such case be directed to such treasurer, overseers, or other officers respectively, instead of the treasurer of the county, riding, or division, as the case may require."

By 45 & 46 Vict. c. 50, s. 169, municipal corporations of a borough having a separate court of quarter sessions shall be liable to pay the costs and expenses attending the prosecution of any felony or of any offence whereof the costs are payable as in the case of a felony when committed or supposed to have been committed in the borough, and the order of the court for the payment thereof shall be directed to the treasurer of the borough."

Rewards for the apprehension of offenders. By the 7 Geo. 4, c. 64, *s. 28, Where any person shall appear to any court of oyer and terminer, gaol delivery, superior criminal court of a [*246 county palatine, or court of great sessions, to have been active in or towards the apprehension of any person charged with murder, or with feloniously and maliciously shooting at, or attempting to discharge any kind of loaded firearms at any other person, or with stabbing, cutting, or poisoning, or with administering anything to procure the miscarriage of any woman, or with rape, or with burglary, or felonious housebreaking, or with robbery on the person, or with arson, or with horse-stealing, bullock-stealing, or sheep-stealing, or with being accessory before the fact to any of the offences aforesaid, or with receiving any stolen property, knowing the same to have been stolen, every such court is hereby authorized and empowered, in any of the cases aforesaid, to order the sheriff of the county in which the offence shall have been committed to pay to the person or persons who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the court shall seem reasonable, and sufficient to compensate such person or persons for his, her, or their expenses, exertions, and loss of time, in or towards such apprehension; and where any person shall appear to any court of sessions of the